Sierra Silica Resources alleges wastewater plant does not perform as promised

By Noddy A. Fernandez | Jan 7, 2019

OROVILLE – A sand producer with a facility near Oroville alleges that a company failed to complete a wastewater treatment plant on time.

Sierra Silica Resources LLC filed a complaint on Dec. 31 in the Butte Superior Court against Powerscreen of Northern California Inc. and Does 1 through 50 alleging breach of contract.

According to the complaint, on Jan. 28, 2015, the plaintiff and defendant entered into a written contract whereby defendant would design, construct and commission a wastewater treatment plant for plaintiff. The plaintiff alleges it paid more than $1.3 million for the plant.

The plaintiff alleges the plant was placed into operation, but its completion was behind schedule and it never has performed as promised.

The plaintiff holds Powerscreen of Northern California Inc. responsible because the defendant allegedly overcharged plaintiff for its services, failed to complete the wastewater treatment plant on schedule and failed to deliver a project that performed as warranted.

The plaintiff requests a trial by jury and seeks judgment for disgorgement of all conditions, damages, attorneys' fees, costs of suit and such other and further relief as the court deems just and proper. It is represented by Thomas M. Swett of Burton Richards & Swett PC in Sutter Creek.

Butte Superior Court case number 18CV04187

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Burton Richards & Swett, PC Butte Superior Court

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